If you live in Muskogee, Oklahoma, you or your partner can file for a Muskogee divorce in a family court in the county. The party filing for divorce is referred to as the petitioner, and the other party is the respondent.
Steps in a Muskogee Divorce
The petitioner files a Petition for Dissolution of Marriage or a Petition for Divorce. The petitioner provides the court with grounds for the divorce and information on the parties involved in the divorce, including children.
These are the steps you will take to get a typical Muskogee divorce.
The Petition for Divorce is served on the Respondent.
Applicable rules must be followed when serving a respondent with a divorce petition. Proof of Service must be filed with the court to show that the other party has been served with the divorce papers. The respondent must answer within 20 days once served. The response must be served on the petitioner.
An automatic temporary injunction goes into effect.
After the filing and service of a Petition for Divorce, an immediate temporary injunction goes into effect that freezes all marital property. The temporary order prevents both parties from disposing of, concealing, encumbering, selling, or taking any marital property — except for day to day expenditures — without the written consent of the other party or an order from the court.
The injunction also prevents either party from destroying or damaging any electronically stored information or altering in any way beneficiaries on any financial documents or accounts.
The discovery process is next.
Once the response has been served on the petitioner, the discovery of contentious issues in the divorce begins. If the couple is in agreement regarding all the problems in the divorce, a Marital Settlement Agreement can be prepared with the help of attorneys of both sides. This agreement divides property, debts, assets, and settles matters regarding children and possible support. The divorce can be finalized at this stage if the couple is in agreement.
About Temporary Orders in a Muskogee Divorce
The divorce proceedings may begin if the parties have failed to agree. Either party may apply for temporary orders regarding how some issues will be handled during the divorce. Temporary orders in Oklahoma usually require a hearing.
Temporary orders are about:
- Custody, visitation, and support of the child during the divorce proceedings.
- Who possesses the family home.
- Bills and asset management.
- Spousal support.
When issuing the temporary orders, a court tries to ensure that the children have constant contact with both parents.
Further Discovery May Be Required
The division of assets and liabilities usually are contentious issues in a Muskogee divorce. It may not be easy to differentiate what is marital and what is individual property. The question of ownership of property may take a very long time to determine.
All the necessary information required is exchanged at this point. Interrogations are carried out, and documents are exchanged.
Reaching an Agreement
There may be several contentious issues during your Muskogee divorce, and agreeing on these as quickly as possible makes the divorce process less expensive. Agreement on controversial topics must be reached either by the couple or by the attorneys representing each of them.
There are guidelines about calculating the child support amounts that need to be paid. When a couple agrees on an amount without regard to the set guidelines, their agreement must be approved by the court.
When there are contentious issues, a court can arrange for the couple to meet with a mediator if they are not too far from agreement. In cases where the couple is too far from consensus, a court sets a date for a hearing.
During the divorce hearing, both parties present their arguments, and the judge makes a judgment. The judge’s ruling is the final divorce decree.
Low-cost Consultation: Muskogee Divorce Attorney
Are you facing a divorce in Muskogee and feel that you need help? Get the help you need and avoid making regrettable errors during a time when you are possibly going through intense emotions. Talk to a Muskogee divorce lawyer today.
Our knowledgeable divorce attorneys pride themselves on providing you the best possible legal representation at reasonable rates.
Call 918-913-0725 today for aninitial consultation with a Muskogee attorney. You can also submit the question form at the top right of this page.
